United States Court of Federal Claims November 7, 2006, No. 05-1179L (Mohlen v. United States)

OPINION

HORN, Judge.

FINDINGS OF FACT

For the purposes of this motion to dismiss filed by the defendant, the facts in the complaint are taken as true. However, in this case, the material facts are not in dispute. Defendant United States owns the Oakland Inner Harbor Tidal Canal (the Canal) in Alameda County, California.